Medical Malpractice Indemnity

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The
Need

Given the nature of the procedures performed by
medical professionals, and the multitude of scenarios where negligence or an
accident may occur, it is essential that individuals working in the medical
industry have insurance should anything go wrong as a result of their actual or
perceived negligence or malpractice.

As South Africa becomes an increasingly more
litigious society, so medical practitioners, and establishments performing
medical procedures, will provide a more active source of litigation to the
legal profession. This trend is compounded by the high earnings potential of
such claims for lawyers. The result is that the number of medical malpractice
claims, in excess of R5m, has rocketed by 900% over the past decade. The new
Consumer Protection Act (CPA), which came into force on 01 April 2011, only
further increases medical professionals’ exposure due to the stringent
requirements of the Act, as well as heightened consumer awareness.

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The
Solution

All medical practitioners, without
exception, including physiotherapists, homeopaths, nursing homes, elderly care
facilities and other health care professionals, should have the protection of
medical malpractice insurance. Patients, and their attorneys, have no compunction
about holding medical care givers answerable; with this insurance, these
professionals can limit their exposure thereto. Camargue provides Medical
Malpractice insurance for establishments and Practitioners:

Medical
Malpractice: Indemnifies the Insured for
bodily injury or mental injury, illness, disease, or death of any patient or
person caused or alleged by malpractice of the Insured

Public
Liability: Indemnifies the Insured for bodily
injury and/or damages to third-parties as a result of, or allegedly caused by,
the Insured. Cover includes an extension for wrongful arrest, including assault
in connection therewith and wrongful dismissal of an employee, however, this is
subject to a specific sub-limit

Products
Liability: Indemnifies the Insured for injury
and/or damages to any patients or third-party arising from the nature or
condition of any product

Professional
Indemnity: Indemnifies the Insured for any
breach of professional duty, any breach of implied warranty of authority or of
trust committed in good faith, defamation and/or injuria, infringement of
copyright, and the destruction of, damage to, or loss of any documents
entrusted to the Insured

Risk
Management Services

Camargue’s unique M³ approach
to insurance is geared towards managing, mitigating and migrating critical
business risks – an outcome achieved through the provision of value-added risk
benefits to policyholders. Notwithstanding the coverage provided in terms of
the policy, the additional risk management benefits further enhance the
Camargue product offering and go beyond simple insurance. The overall
result is a well-rounded and complete solution to the risks faced by the medical
industry.

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Risk Management Services included in the
Policy cover:

Private Arbitration Services Offered through TOKISO Dispute Settlement – this service works towards fast, equitable resolution of disputes between the insured and their clients. As far as possible court proceedings are avoided saving time, money and more importantly reputation.